The High Court of Punjab & Haryana allowed the appeal, setting aside impugned orders delegating powers under ESI Act Section 85-B to the Regional Director as illegal, relying on Supreme Court precedent.
Impugned orders dated 30.7.1982 and 28.11.1983 set aside; fresh notice permissible if damages unrecovered.
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FAO No. 417 of 1984 (O&M)
In the High Court of Punjab & Haryana at Chandigarh
M/s Hada Steel Products Limited
..... Appellant
vs
Employees' State Insurance Corporation
..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. A. P. Bhandari, Advocate, for the appellant.
Mr.Vikas Suri and Mr.Rajiv Kumar Saini, Advocates for the respondent-ESIC.
Rajesh Bindal J.
Mr.Vikas Suri, counsel for the respondent has very fairly conceded that further delegation of powers under Section 85-B of the Employees State Insurance, Act to the Regional Director by the Director General has been declared to be illegal in view of decision of the Supreme Court in Sahni Silk Mills (P) Ltd. and another Vs. Employees' State Insurance Corporation (1994) 5 SCC 346 and a decision of this Court in FAO No.788 of 1984 titled as M/s Hada Steel Products Ltd. Vs. Employees State Insurance Corporation .
After hearing the learned counsel for the parties and having regard to the law laid down by the Supreme Court, the present appeal is allowed. The impugned orders dated 30.7.1982 and 28.11.1983 are set aside. However, it shall be open to the Regional Director to issue fresh notice, assess and recover damages for the period in dispute if the same have not been recovered till date. In case, the damages have already been recovered, then the same are not required to be refunded.
( Rajesh Bindal) Judge
3.12.2009 vs
2 issues framed by the court
Whether further delegation of powers under Section 85-B of the Employees State Insurance Act to the Regional Director is legal after Supreme Court judgment.
Whether the impugned orders dated 30.7.1982 and 28.11.1983 regarding damages should be set aside.
Colour shows how this judgement treated each authority
Sahni Silk Mills (P) Ltd. and another Vs. Employees' State Insurance CorporationFollowed¶12
Sahni Silk Mills (P) Ltd. and another Vs. Employees' State Insurance Corporation (1994) 5 SCC 346 · Who else cites this
M/s Hada Steel Products Ltd. Vs. Employees State Insurance CorporationFollowed¶12
FAO No.788 of 1984 titled as M/s Hada Steel Products Ltd. Vs. Employees State Insurance Corporation
1 provisions across 1 enactments
M/s Hada Steel Products Limited
Employees' State Insurance Corporation
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
